Kansas Statutes 8-262. Driving while license canceled, suspended or revoked; criminal penalty; fine; confinement required in certain circumstances; extension of time of suspension or revocation
Terms Used In Kansas Statutes 8-262
- Alcohol: means any substance containing any form of alcohol including, but not limited to, ethanol, methanol, propanol and isopropanol;
(b) "alcohol concentration" means:
(1) The number of grams of alcohol per 100 milliliters of blood; or
(2) the number of grams of alcohol per 210 liters of breath;
(c) "commercial driver's license" means a commercial license issued pursuant to Kan. See Kansas Statutes 8-2,128
- Arrest: Taking physical custody of a person by lawful authority.
- conviction: means an unvacated adjudication of guilt or a determination that a person has violated or failed to comply with the law and in a court of original jurisdiction or an administrative proceeding, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended or probated;
(i) "disqualification" means any of the following:
(1) The suspension, revocation, or cancellation of a commercial driver's license by the state or jurisdiction of issuance;
(2) any withdrawal of a person's privileges to drive a commercial motor vehicle by a state or other jurisdiction as the result of a violation of state or local law relating to motor vehicle traffic control, other than parking, vehicle weight or vehicle defect violations;
(3) a determination by the federal motor carrier safety administration that a person is not qualified to operate a commercial motor vehicle under 49 C. See Kansas Statutes 8-2,128
- Conviction: A judgement of guilt against a criminal defendant.
- drive: includes operation or physical control of a motor vehicle anywhere in the state;
(k) "driver" means any person who drives, operates or is in physical control of a commercial motor vehicle, in any place open to the general public for purposes of vehicular traffic, or who is required to hold a commercial driver's license;
(l) "driver's license" means any driver's license or any other license or permit to operate a motor vehicle issued under, or granted by, the laws of this state, including:
(1) Any temporary license or instruction;
(2) the privilege of any person to drive a motor vehicle whether or not such person holds a valid license; or
(3) any nonresident's operating privilege;
(m) "employer" means any person, including the United States, a state or a political subdivision of a state, who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle;
(n) "endorsement" means an authorization to an individual's commercial driver's license required to permit the individual to operate certain types of commercial motor vehicles;
(o) "felony" means any offense under state or federal law that is punishable by death or imprisonment for a term exceeding one year;
(p) "gross vehicle weight rating" means the value specified by the manufacturer as the maximum loaded weight of a single or a combination (articulated) vehicle. See Kansas Statutes 8-2,128
- driver: means any person who drives, operates or is in physical control of a commercial motor vehicle, in any place open to the general public for purposes of vehicular traffic, or who is required to hold a commercial driver's license;
(l) "driver's license" means any driver's license or any other license or permit to operate a motor vehicle issued under, or granted by, the laws of this state, including:
(1) Any temporary license or instruction;
(2) the privilege of any person to drive a motor vehicle whether or not such person holds a valid license; or
(3) any nonresident's operating privilege;
(m) "employer" means any person, including the United States, a state or a political subdivision of a state, who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle;
(n) "endorsement" means an authorization to an individual's commercial driver's license required to permit the individual to operate certain types of commercial motor vehicles;
(o) "felony" means any offense under state or federal law that is punishable by death or imprisonment for a term exceeding one year;
(p) "gross vehicle weight rating" means the value specified by the manufacturer as the maximum loaded weight of a single or a combination (articulated) vehicle. See Kansas Statutes 8-2,128
- habitual violator: means any resident or nonresident person who, within the immediately preceding five years, has been convicted in this or any other state:
(a) Three or more times of:
(1) Vehicular homicide, as defined by Kan. See Kansas Statutes 8-285
- Motor vehicle: means every vehicle that is self-propelled upon or by which any person or property is or may be transported or drawn upon a public highway except devices used exclusively upon stationary rails or tracks. See Kansas Statutes 8-273
- Person: means every natural person, firm, copartnership, association, corporation or school. See Kansas Statutes 8-273
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- state: means a state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa and the Commonwealth of Northern Mariana Islands;
(6) "wireless communication device" means any wireless electronic communication device that provides for voice or data communication between two or more parties, including, but not limited to, a mobile or cellular telephone, a text messaging device, a personal digital assistant that sends or receives messages, an audio-video player that sends or receives messages or a laptop computer; and
(7) "religious organization" means any organization, church, body of communicants, or group, gathered in common membership for mutual support and edification in piety, worship and religious observances, or a society of individuals united for religious purposes at a definite place and which religious organization maintains an established place of worship within this state and has a regular schedule of services or meetings at least on a weekly basis and has been determined to be organized and created as a bona fide religious organization. See Kansas Statutes 8-234a
(a) (1) Except as provided in subsections (a)(3), (a)(4) and (c), any person who drives a motor vehicle on any highway of this state at a time when such person’s privilege so to do is canceled, suspended or revoked or while such person’s privilege to obtain a driver‘s license is suspended or revoked pursuant to Kan. Stat. Ann. § 8-252a, and amendments thereto, shall be guilty of a class B nonperson misdemeanor on the first conviction and a class A nonperson misdemeanor on the second or subsequent conviction. In addition to any other criminal penalties provided by law, any person convicted of a violation of this section shall be subject to a fine of not less than $100.
(2) No person shall be convicted under this section if such person was entitled at the time of arrest under Kan. Stat. Ann. § 8-257, and amendments thereto, to the return of such person’s driver’s license.
(3) Except as provided in subsection (a)(4) or (c), every person convicted of a violation of this section, committed while the person’s privilege to drive or privilege to obtain a driver’s license was suspended or revoked for any violation other than a violation of Kan. Stat. Ann. § 8-2110, and amendments thereto, or any ordinance of any city, resolution of any county or a law of another state that prohibits the acts prohibited by those statutes other than Kan. Stat. Ann. § 8-2110, and amendments thereto, shall be sentenced to at least five days of confinement and, upon a second conviction, shall not be eligible for parole until completion of five days of confinement.
(4) Except as provided in subsection (c), if a person: (A) Is convicted of a violation of this section, committed while the person’s privilege to drive or privilege to obtain a driver’s license was suspended or revoked for a violation of Kan. Stat. Ann. § 8-2,144 or 8-1567, and amendments thereto, or any ordinance of any city, resolution of any county or a law of another state that prohibits the acts prohibited by those statutes; and (B) is or has been also convicted of a violation of Kan. Stat. Ann. § 8-2,144 or 8-1567, and amendments thereto, or any ordinance of any city, resolution of any county or law of another state that prohibits the acts prohibited by those statutes, committed while the person’s privilege to drive or privilege to obtain a driver’s license was so suspended or revoked, the person shall not be eligible for suspension of sentence, probation or parole until the person has served at least 90 days of confinement, and any fine imposed on such person shall be in addition to such a term of confinement.
(b) (1) Except as provided in subsection (b)(2), the division, upon receiving a record of the conviction of any person under this section, or any ordinance of any city or resolution of any county or a law of another state which is in substantial conformity with this section, upon a charge of driving a vehicle while the license of such person is revoked or suspended, shall extend the period of such suspension or revocation for an additional period of 90 days.
(2) For any person found guilty of driving a vehicle while the license of such person is suspended for violating Kan. Stat. Ann. § 8-2110, and amendments thereto, such offense shall not extend the additional period of suspension pursuant to subsection (b)(1).
(c) (1) The person found guilty of a class A nonperson misdemeanor on a third or subsequent conviction of this section shall be sentenced to not less than 90 days of confinement and fined not less than $1,500 if such person’s privilege to drive a motor vehicle is canceled, suspended or revoked because such person:
(A) Refused to submit and complete any test of blood, breath or urine requested by law enforcement excluding the preliminary screening test as set forth in Kan. Stat. Ann. § 8-1012, and amendments thereto;
(B) was convicted of violating the provisions of Kan. Stat. Ann. § 40-3104, and amendments thereto, relating to motor vehicle liability insurance coverage;
(C) was convicted of vehicular homicide, Kan. Stat. Ann. § 21-3405, prior to its repeal, or Kan. Stat. Ann. § 21-5406, and amendments thereto, involuntary manslaughter while driving under the influence of alcohol or drugs, Kan. Stat. Ann. § 21-3442, prior to its repeal, or involuntary manslaughter as defined in Kan. Stat. Ann. § 21-5405(a)(3) and (a)(5), and amendments thereto, or any other murder or manslaughter crime resulting from the operation of a motor vehicle; or
(D) was convicted of being a habitual violator, Kan. Stat. Ann. § 8-287, and amendments thereto.
(2) The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served at least 90 days of confinement. The 90 days of confinement mandated by this subsection may be served in a work release program only after such person has served 48 consecutive hours of confinement and only if such work release program requires such person to return to confinement at the end of each day in the work release program. The court may place the person convicted under a house arrest program pursuant to Kan. Stat. Ann. § 21-6609, and amendments thereto, or any municipal ordinance to serve the remainder of the minimum sentence only after such person has served 48 consecutive hours of confinement.
(d) For the purposes of determining whether a conviction is a first, second, third or subsequent conviction in sentencing under this section, “conviction” includes a conviction of a violation of any ordinance of any city, resolution of any county or a law of another state that is in substantial conformity with this section.